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Probate & Real Estate Lawyer in Norwalk

Serving Bridgeport, Stamford & Fairfield

Let's face it: No one likes to think about death or the plans we need to put in place before our time comes. But the fact of the matter is that if you own assets or property and you don't want to add any additional heartache or stress on your loved ones, you need to make sure your affairs are in order. The Law Office of James A. Saraceni can help when it comes to matters such as probate and real estate.

When you're ready to take the necessary steps, call us at (203) 883-0722 to schedule a free consultation.

The Purpose of Probate Court

After someone dies, it's the duty of the probate court to oversee how the property will be divided. Usually, an adult child or spouse is already appointed or nominated in the will. However, if no will exists, the probate court will divide the property based on the law. Probate court is also responsible for seeing to it that any debt owed by the deceased is paid prior to the distribution of assets and property. This can include credit cards, bills, taxes, funeral expenses, and other debt.

Another purpose of probate is to make sure fraud doesn't occur. During this process, the judge will most likely freeze all assets and property until the will is proven to be valid, the appropriate parties have been notified, and the estate has been accurately identified and appraised. At that point, the next step is to take care of debts owed. In the final step, the judge will issue an order to distribute the property.

Does My Estate Have to Go through Probate?

If your property is considered a "small estate" (meaning it falls below a certain threshold), then court supervision is not needed in order for it to be settled. In these cases, they go through what's called a "summary probate," which is a much more simplified version of the probate process. Keep in mind, whether or not there is a will is irrelevant.

Determining which probate process will be taken is based upon property value.

You'll want to include everything that will be passed to an heir or beneficiary, but you don't have to include:

  • Joint accounts
  • Payable on death bank accounts (POD)
  • Retirement plans
  • Transfer on death deeds
  • Transfer on death brokerage accounts

There are some assets that may automatically transfer — for those, no probate is necessary.

Our Norwalk probate attorney is prepared to walk you through every step of the process and answer all your questions so that you understand the decisions you must make. We provide reliable and effective advice with the goal of helping you set your family up for success or resolve probate matters quickly.

Have questions about probate and your real estate? Call the Law Office of James A. Saraceni at (203) 883-0722 today.

Why Hire James A. Saraceni

  • James A. Saraceni is a former police officer.

  • We offer free consultations to all our clients.

  • Put 40 years of legal experience on your side.

  • We offer flexible appointment hours.

  • We are committed to the best possible outcome.

Contact Us Today

All Consultations are Free and Confidential
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